HB 395 -- Criminal Procedure

Sponsor:  Shields

This bill requires the judge, and not the jury, to decide
sentencing for all criminal cases, except where the death
penalty is possible.  In death penalty cases, the judge may
assess punishment only if the jury is unable to decide on the
punishment.  Current law, for first time offenders, does not
allow the judge to impose a prison term that exceeds the term
declared by the jury unless the jury imposed a term that is less
than the minimum for the offense.